How Do Mandatory Hearings Work in Florida?

Drivers often believe they can simply pay a fine for most traffic infractions, but Florida law treats certain violations more seriously. In some cases, a mandatory hearing is required by statute, and the person cited must appear in court. Florida Statute Section 318.19 outlines which offenses fall into this category, and failing to attend a scheduled hearing can lead to harsher penalties and the suspension of a person’s driver license.

What Is a Mandatory Hearing?

A mandatory hearing is a court appearance required by Florida statutes for specific civil traffic infractions. Unlike ordinary civil traffic tickets where the vast majority of drivers can simply pay a civil penalty or attend a basic driver improvement course, an infraction requiring a mandatory hearing must be addressed in front of a judge or designated official.

The purpose is to make sure the court carefully considers the facts, the driver’s history, and whether other penalties should apply. Florida rules give the judge discretion to impose fines, suspend a driver license, or order other penalties depending on the offense listed in the citation.

Traffic Infractions That Require Mandatory Hearings

Florida Statute Section 318.19 lists the following offenses requiring a mandatory hearing:

• Speeding 30 mph or more over the posted limit
• Passing an appropriately stopped school bus
• Leaving a child unattended inside motor vehicles, especially side children under six
• Vehicles carrying uncovered loads that endanger highway safety
• Crashes resulting in serious bodily injury to another person

Each infraction listed in this section requires attendance in traffic court, and the penalties and the person’s driver license consequences can be significant. For example, a civil penalty of 1,000 dollars may apply if uncovered loads cause bodily injury.

Why Simply Paying Is Not an Option

For ordinary civil traffic tickets like minor speeding or lane violations, a person can simply pay the fine, attend driver improvement school, or complete a basic driver improvement course. But with an infraction requiring a mandatory hearing, Florida law does not allow payment in lieu of court appearance. A mandatory court appearance ensures accountability for dangerous conduct such as school zone speeding or uncovered loads.

If a defendant fails to appear in court on the trial date or scheduled hearing, the court may impose the statutory maximum penalty and suspend driving privileges through the Department of Highway Safety and Motor Vehicles. Such failure to appear can also result in a default judgment on the civil penalty.

County Courts and Local Rules

Mandatory hearing infractions are handled at the county level. For example, in Broward County, hearings are often scheduled at the main courthouse in Fort Lauderdale. In Palm Beach County, cases may be heard in West Palm Beach, Delray Beach, or Palm Beach Gardens depending on where the traffic infraction occurred.

Each county traffic court assigns a designated official pursuant to Florida Statute Section 318.19 to oversee these cases. Judges in Fort Lauderdale, Delray Beach, and West Palm Beach consistently require attendance for offenses involving bodily injury or dangerous conduct.

The Role of a Traffic Ticket Attorney

A traffic ticket attorney can represent clients in mandatory hearings, helping them avoid maximum penalties and protect their driver license. Attorneys appear in court on behalf of drivers, negotiate with the designated official, and challenge the evidence when appropriate. An experienced attorney can argue for reduced fines, community service, or other alternatives in lieu of a statutory maximum penalty.

Because civil traffic infractions can carry long-term consequences, especially when tied to serious bodily injury or valid insurance issues, having counsel is often the best way to safeguard a person’s record.

Penalties and Driving Privileges

Florida statutes allow for a range of penalties depending on the offense listed. A judge may impose a civil penalty, suspend a driver license, or order attendance at driver improvement school. In cases involving bodily injury, the penalties and the person’s driver license suspension can be severe.

For example, in a construction zone or school zone violation, fines are doubled. In cases involving uncovered loads or child unattended inside motor vehicles, the law requires attendance and often imposes community service. The Department of Highway Safety and Motor Vehicles tracks these violations, and repeated offenses can lead to loss of driving privilege.

Other Considerations

Civil infractions that require a mandatory hearing are not criminal cases, but they carry higher risks than ordinary civil traffic infractions. Defendants must appear in court, and failure to appear leads to additional penalties. For drivers in Fort Lauderdale, West Palm Beach, or Broward County, the consequences can include a second violation designation, higher fines, and suspension of driving privileges.

When a person cited hires counsel, the attorney can appear in court, represent clients before a designated official, and argue for the least restrictive penalties available under Florida statutes.

Frequently Asked Questions

What happens at an arraignment hearing for a felony in Florida?

At an arraignment hearing for a felony, the defendant is formally advised of the criminal charges, enters a plea, and the court sets future dates. Unlike mandatory hearing infractions in traffic court, felony arraignments involve criminal cases that may lead to jail or prison if convicted.

What is the notice of hearing rule in Florida?

The notice of hearing rule ensures that the person cited receives official notice of a scheduled hearing or trial date. In traffic court, this notice explains when and where to appear, and failing to attend may lead to a suspension of driving privileges.

What to expect at an injunction hearing in Florida?

At an injunction hearing, the court reviews evidence and testimony to determine whether to grant or deny a protective order. The process differs from traffic court, but both require attendance and may involve testimony from the person cited.

Is 30 mph over the speed limit in Florida?

Yes. Driving 30 mph or more over the posted limit is an infraction requiring a mandatory hearing under Florida Statute Section 318.19. The court requires attendance, and penalties can include fines, points, and potential suspension of a driver license.

Conclusion

Mandatory hearing infractions in Florida are serious. They require attendance in traffic court, often at the main courthouse in Broward County, Palm Beach County, or Fort Lauderdale. Offenses such as school bus violations, child unattended in vehicles, and speeding far above the limit carry penalties that can affect both finances and driving privileges.

If you are facing a scheduled hearing for a traffic violation, consult an experienced traffic ticket attorney who can represent clients, appear in court, and work to minimize penalties.